Tropica Fresh v. Mr. G International Produce Inc. et al

Filing 44

DEFAULT JUDGMENT: It is hereby ORDERED, that Plaintiff's motion for entry of a default judgment be, and the same is hereby granted and it is further ORDERED, ADJUDGED AND DECREED, that judgment is hereby entered in favor of Plaintiff, TR OPICA FRESH, 11347 Santa Monica Blvd., Los Angeles, CA 90025, and against Mr. G International Produce Inc. d/b/a The Best Banana,580 Whittier Street, Bronx, NY 10474, Jose Gomez, 580 Whittier Street, Bronx, NY 10474, Marco Antonio Gomez, 580 Whitt ier Street, Bronx, NY 10474, and Antonio Gomez 580 Whittier Street, Bronx, NY 10474, jointly and severally, pursuant to PACA in the principal amount of $20,520.00 together with interest at the legal rate of 9% from January 29, 2020 throug h the date of judgment in the amount of $738.72, and Plaintiff have execution therefor, and it is further ORDERED, ADJUDGED AND DECREED that the stay imposed by Fed. R. Civ. P. 62 (a) is hereby vacated, Plaintiff may immediately execute upon this judgment and the Clerk shall immediately issue an abstract of judgment upon Plaintiff's proper application therefor. (Signed by Judge John G. Koeltl on 6/23/2020) (ks)

Case 1:20-cv-00748-JGK Document 44 Filed 06/23/20 Page 1 of 2

THE FIERST LAW GROUP, P.C.
Timothy J. Fierst (tf:3247)
Counsel for Plaintiff Tropica Fresh
22 Bayview Avenue, Suite 202
Manhasset, New York 11030
516.586.4221

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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TROPICA FRESH
Plaintiff,

Index No. 1:20-CV-00748-JGK
DEFAULT JUDGMENT

-against-

[Fed.R.Civ.P.55 (b) (2)]

MR. G INTERNATIONAL PRODUCE INC,
d/b/a THE BEST BANANA, JOSE GOMEZ,
MARCO ANTONIO GOMEZ and
ANTONIO GOMEZ individually and in any
corporate or partnership capacity
Defendants.
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Upon consideration of Plaintiff’s motion for entry of a default judgment against the
Defendants Mr. G International Produce Inc. d/b/a The Best Banana, Jose Gomez, Marco
Antonio Gomez and Antonio Gomez, the Declaration of Timothy J. Fierst, Esq., dated March 26,
2020, the Declaration of Hossein Moshfegh dated March 13, 2020, and the exhibits annexed
thereto, the Memorandum In Support of Plaintiff’s Motion for Default Judgment Against
Mr. G International Produce Inc. d/b/a The Best Banana, Jose Gomez, Marco Antonio Gomez
and Antonio Gomez and there being no opposition thereto, and it appearing to the Court that the
Defendants Mr. G International Produce Inc. d/b/a The Best Banana, Jose Gomez, Marco
Antonio Gomez and Antonio Gomez have failed to plead or otherwise defend in this action; and
that a principal balance in the amount of $20,520.00 is due plaintiff Tropica Fresh pursuant to the
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Case 1:20-cv-00748-JGK Document 44 Filed 06/23/20 Page 2 of 2

parties’ contract, and that Plaintiff has the right to recover against Mr. G International Produce
Inc. d/b/a The Best Banana, Jose Gomez, Marco Antonio Gomez and Antonio Gomez, jointly
severally, pursuant to Section 5(c) of the Perishable Agricultural Commodities Act, 7 U.S.C.
§499(e)(a-c) (“PACA”), it is hereby
ORDERED, that Plaintiff’s motion for entry of a default judgment be, and the same is
hereby granted and it is further
ORDERED, ADJUDGED AND DECREED, that judgment is hereby entered in favor
of Plaintiff, TROPICA FRESH , 11347 Santa Monica Blvd., Los Angeles, CA 90025, and
against Mr. G International Produce Inc. d/b/a The Best Banana,580 Whittier Street, Bronx, NY
10474, Jose Gomez, 580 Whittier Street, Bronx, NY 10474, Marco Antonio Gomez, 580
Whittier Street, Bronx, NY 10474, and Antonio Gomez 580 Whittier Street, Bronx, NY 10474,
jointly and severally, pursuant to PACA in the principal amount of $20,520.00 together with
interest at the legal rate of 9% from January 29, 2020 through the date of judgment in the amount
of $738.72, and Plaintiff have execution therefor, and it is further
ORDERED, ADJUDGED AND DECREED that the stay imposed by Fed. R. Civ. P.
62 (a) is hereby vacated, Plaintiff may immediately execute upon this judgment and the Clerk
shall immediately issue an abstract of judgment upon Plaintiff’s proper application therefor.

ENTERED, this _____ day of _______________, 2020
23
June

/s/ John G. Koeltl
JOHN G. KOELTL
United States District Judge

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